ASSOCIATIONINSIGHT
Portable Sanitation Association International News
BIWEEKLY EDITION DECEMBER 23, 2020
Page 5 Continued on page 6
What Employers Need to Know
about the COVID-19 Vaccine
Now that the FDA has provided emergency authorizations
for two COVID-19 vaccines, it is nearly inevitable that
questions will arise regarding if, and how, the inoculations
must be provided to employees. Many of those questions
will be answered in the coming months. Last week, the Equal
Employment Opportunity Commission (EEOC) and other
sources provided guidance on some of the most urgent
questions. This is an abridged version of the vaccination
guidance provided by EEOC and other sources. Find more
complete information on this and many other COVID-19-
related topics from the EEOC.
Will Companies Be Mandated to Provide COVID-19 Vaccines to Employees?
There is no answer to this question yet. At least at the beginning, many states will be providing the vaccines
free, though there may be an administration fee imposed by the clinic that administers the shot. The question
of whether employers must bear the cost over the long term is probably not going to be answered until we are
some distance down the road. The resolution of "who pays" is likely to become more obvious once medical
experts understand whether the COVID-19 vaccine will be needed annually (like the flu shot) or far less often (like
a hepatitis series or a tetanus booster).
If there is ever a requirement that certain employers cover the cost of COVID-19 vaccines, that would likely come
as the result of Occupational Safety and Health Administration (OSHA) rules such as the general duty clause and
the precedent of existing requirements for provision vaccines due to occupational exposure. At this point, OSHA
has not issued guidance on this issue as it relates to COVID-19.
Can We Require Employees to Get a COVID-19
Vaccine?
Some employers may see the idea of requiring everyone to
get the vaccine as soon as possible as a great way to "get
back to normal," and to keep everyone comfortable and
healthy. At present, though, there is no law, regulation, or
other guidance that directly addresses whether employers
may require their employees to get a COVID-19 vaccination.
There is a precedent for mandatory vaccination programs
in employment, however. Many healthcare workers are
currently required to receive certain vaccinations as a condition of their employment, and the EEOC and OSHA
have addressed the issue of mandatory flu vaccination policies in the past.
So it is not entirely out of the question that it will be possible for employers to require most of their employees to
get the vaccine. There is just no specific guidance for the COVID-19 vaccine yet.
If We Require Vaccinations, How Do We Handle Employees Who Seek Exemptions for a Disability?
The ADA allows employers to have a qualification standard that includes "a requirement that an individual shall
not pose a direct threat to the health or safety of individuals in the workplace."
